A defendant shall be punished by imprisonment for four months.

2. Before making a judgment on the grounds of ex officio appeal, the prosecutor applied for changes in indictments as stated in the following “criminal facts” in the trial at the court below, and the subject of the judgment by this court was changed. Thus, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

【The criminal facts of the lower judgment】 The Defendant was released on November 29, 2013 and the parole period expired on December 23, 2013 while he/she was sentenced to eight months of imprisonment for occupational embezzlement at the Busan District Court on April 25, 2013.

[Criminal facts] No person shall transfer or acquire access media.

Nevertheless, on October 11, 2016, the Defendant transferred the physical card and its password to the “E” by informing the Defendant of the new bank account (Account Number: D) in the name of the Defendant at the “C cafeteria” located in Busan Jung-gu, Busan, around October 11, 2016.

Summary of Evidence

1. The original judgment and the original judgment of the defendant;

1. Deposits receipt;

1. A new statement of bank transactions;

1. Information on opening an account with a new bank account;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (in cases where an access medium is transferred in violation of the Electronic Financial Transactions Act, one crime shall be established for each access medium, provided that: